Professional Documents
Culture Documents
2d 950
From the record, the evidence discloses that the facts giving rise to the
convictions are as follows. The three defendants and Croy, a government
witness, left Albany, Georgia, on December 31, 1969. Counterfeit notes were
picked up, and the group proceeded to Blytheville, Arkansas, where they
treated the notes with instant coffee, cold cream, and an electric iron. Near
Springfield, Missouri, Holmes concealed eight thousand dollars in counterfeit
twenty dollar bills. The group then proceeded to Denver. Wheeler passed a
counterfeit $100 bill at the Regal Shoe Store in Denver; Matthews passed a
counterfeit $100 bill at Stewart's Photo Service in Colorado Springs, Colorado.
The dates of the alleged conspiracy were December 30, 1969, to January 4,
1970; the uttering and passing allegedly occurred on January 3, 1970.
3
Appellant Matthews further argues that the evidence against him shows only an
attempt to pass and utter, rather than actually passing and uttering; the evidence
is thus insufficient to sustain his conviction. The evidence presented at the trial
established that Matthews and Wheeler entered Stewart's Photo Service on
January 3, 1970. Matthews selected a radio, and presented a counterfeit $100
bill to Mr. Louis Rena, the clerk on duty. Upon examining the bill, Mr. Rena
became suspicious; he removed himself from the defendants' view and phoned
the police. Matthews and Wheeler became restless and left the store, leaving
both the radio and the bill. The pair was shortly thereafter apprehended by the
police.
Appellants urge that they were entitled to a cautionary instruction regarding the
testimony of an informer and that the trial court erred in its refusal to give such
instruction upon the request of defendants Holmes and Wheeler. The
government's key witness was James A. Croy, one of the conspirators. Croy, a
felon twice convicted of counterfeiting as well as of other offenses, informed
the Secret Service in December, 1969, of the group's plans. From that time until
the arrest of the defendants, he served as an informer. The record reveals that
Croy's testimony was substantially corroborated by the testimony of the
prosecution's witnesses, as well as by physicial evidence introduced at the trial.
The credibility of the testimony of an informer is essentially a question to be
determined by the jury.5 The instructions to the jury included material on the
credibility of witnesses and the testimony of felons. In view of the instructions
given and the very substantial corroboration of Croy's testimony by other
evidence, it was not error to refuse to give defendants' requested cautionary
instruction on the testimony of an informer.6
7
Affirmed.
Sinclair v. Turner, 447 F.2d 1158 (10th Cir. 1971); Goff v. United States, 446
F.2d 623 (10th Cir. 1971)
Id
Rader v. United States, 288 F.2d 452, 453 (8th Cir. 1961), cert. denied 368 U.S.
851, 82 S.Ct. 86, 7 L.Ed.2d 49; see also United States v. Jenkins, 347 F.2d 345
(4th Cir. 1965)
Lujan v. United States, 348 F.2d 156 (10th Cir. 1965), cert. denied 382 U.S.
889, 86 S.Ct. 179, 15 L.Ed.2d 125
Basker v. Crouse, 426 F.2d 531, 532 (10th Cir. 1970); Hampton v. Oklahoma,
368 F.2d 9, 12 (10th Cir. 1966)
Basker v. Crouse, 426 F.2d 531, 532 (10th Cir. 1970); Webber v. United States,
395 F.2d 397, 400 (10th Cir. 1968)